Memphis City Council Special Called Meeting - April 5, 2023: Redistricting Discussion and Legal Concerns
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Memphis City Council Special Called Meeting - April 5, 2023: Redistricting Discussion and Legal Concerns
This special called meeting of the Memphis City Council was convened on April 5, 2023, to consider the first reading of a redistricting ordinance. The council discussed legal risks, the election commission's deadlines, and the path forward. No votes were taken; the council decided to proceed with three regular meetings instead of special call meetings to avoid potential legal challenges.
Public Comments & Testimony
- Desert Franklin submitted a comment card but did not speak at the meeting, deferring to a later time.
Discussion Items
- Legal Advice from Attorney Alan Wade: Wade warned that passing an ordinance via special call meetings could be subject to legal challenge because ordinances require three consecutive regular meetings under the council's rules. He noted that the current map was adopted through three regular meetings, so a special-meeting ordinance would lack "equal dignity" and could be overturned in court.
- Chairman Jones's Letter to the Election Commission: Chairman Jones read into the record a letter to Election Commission Administrator Linda Phillips, requesting an extension of the redistricting deadline to May 16, 2023, citing the previous special election for District 4C where maps were delivered after the filing deadline. The election commission denied the request, insisting on an April 15 deadline.
- Councilmember Johnson's Questions: Johnson asked about the timeline for receiving maps and data, and whether maps could be used for the next election if not adopted by April 15. She also raised the possibility of moving to a 13-district system.
- Presentation by Mr. Harris: Harris presented the proposed single-district map (District 8) and identified potential issues with the current map's population data. He noted that the 2020 census population was 633,104, but after de-annexations, the current map's population might be around 627,448, possibly causing a non‑compliant population deviation. He also found inconsistencies in precinct assignments in the current ordinance. Attorney Wade disputed the population numbers, stating the comptroller's number for the current map was 633,102 after de-annexations.
- Councilmember Easter Thomas's Proposal: She moved to call for a vote on the first reading during the special meeting, but after discussion, the motion was withdrawn.
- Chairman Jones's Recommendation: Jones recommended proceeding with the regular meeting schedule (April 11, April 25, May 2) to minimize legal risk, even if it means battling the election commission in court over the map's acceptance.
Key Outcomes
- No votes were taken on the redistricting ordinance.
- The council agreed to introduce the ordinance at the regular meeting on April 11, 2023, with second reading on April 25 and third reading on May 2.
- The special called meeting scheduled for April 12 was cancelled.
- The council directed that the data discrepancies raised by Mr. Harris be clarified before the April 11 meeting.
Meeting Transcript
And to the Republic for which it stands one nation under God, indivisible with liberty and justice for all. Will you please call the roll? So for the record only Council Member Canale. Easter Thomas present. Ford. Johnson. Logan present. Morgan. Robinson. Vice Chairman Smiley. Swerge in Washington present. Warren? Present. Chairman Jones. Here. Mr. Chairman, you have a quorum. Thank you. Um colleagues, we have one comment card. That's from Miss Desert Franklin. So Miss Franklin, there's not an item number. So what we'll do at the end of our deliberations, we'll call you up to speak. Thank you, Chair. Um, good afternoon, everyone. Thanks for joining us here today, and thank you for calling the special meeting chair. Um, so in our last redistricting committee meeting, um, due to lack of quorum, we decided as a committee to send the revision or revise maps and changing certain council districts, single member districts, and super to the full council for a consideration. Um the reason that we were lacking horn, one council member was online, but we were advised that that vote wouldn't count. Um, and the interaction wouldn't count, so we wanted to make sure to be in line with that. And so everyone should have received a physical and also virtual map. As everyone is a part of. Um, and also want to thank those council members who are able to participate physically and virtually um or either by email or such, because we do have a lot of constraint schedules, so thank you for also doing that. And then just as the council as a whole for making this process something somewhat engaging and different from what we've seen. Well, really, we haven't seen anything from what has been done in the past for the terms before us. So I saw move this share, but it was sent down without a recommendation due to a lack of quorum. Is there a second? Yeah, is there a second? Okay. Okay. Uh any discussion on this item. Well, will we were we gonna have a presentation of it today? I guess for um any council members that may not be here. Ms. Harris, were you gonna give uh presentation or anything? Okay, okay. Colleagues, uh, what I'll also do, because you know, at prior to our uh redistricting committee, we received a and uh a communication from our attorney, and it was talked about whether or not a special call meeting. So why we're meeting today is that based upon what the election commission has provided to us, that their drop dead date was going to be April 14th, and any type of ordinance would have to have three readings. So the purpose of the special call meeting was as a backup plan to try to have the first reading today in this call meeting. We were going to meet on Tuesday as our regularly scheduled meeting on April 11th for the second reading, and then meeting meet the next day, April 12th for the third reading. So uh, but Mr. Wade advised us that there's some question, some uncertainty whether or not ordinances can be passed in a special call meeting.
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